Pankaj Sah And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34470 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Pankaj Sah Son of Ram Bilas sah,
2. Ashok Prasad Chaurasiya Son of Late Rajendra Bhagat, Both Resident of Village-Visrahiya, P.s.-Dhaka, District-East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Union of India through Inspector General, S.S.B.,Frontier Head Quarter, Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP For the Union of India : Mrs. Shail Kumari, CGC ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-08-2017 Heard learned counsel for the petitioners, learned counsel for the Union of India and the learned A.P.P. for the State. Petitioners seek bail in connection with Kundwachainpur P.S. Case No. 67 of 2017 registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a) and 37(a) of the Bihar Prohibition and Excise Act.
The prosecution case, as lodged by the officials of the Excise Department, is that two persons were apprehended on a motorcycle near Nepal-India border and 36 litres of Nepali wine
Patna High Court Cr.Misc. No.34470 of 2017 (2) dt.01-08-2017 2/2 was recovered from the motorcycle.
It is submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated. He further submits that charge-sheet has already been submitted and there is no allegation that petitioners have tampered with the prosecution witnesses. However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Kundwachainpur P.S. Case No. 67 of 2017.
(Nilu Agrawal, J.) Arjun/- U T